JOURNAL OF THE HOUSE.
Monday, March 10, 2003.
 
 
Met according to adjournment, at eleven o’clock A.M., in an Informal Session, with Mrs. Walrath of Stow in the Chair (having been appointed by the Speaker, under authority conferred by Rule 5, to perform the duties of the Chair).
Prayer was offered by the Reverend Robert F. Quinn, C.S.P., Chaplain of the House, as follows:
Gracious God, we thank You this morning for the opportunities which this day will offer us to serve You and the people faithfully and conscientiously. Inspire us to look at today’s legislative and personal challenges and responsibilities in a thoughtful, calm and positive manner. Positive thinking is part of Your message to us and is both spiritually and emotionally beneficial. We depend upon Your guidance to evaluate accurately our personal and political goals and priorities as well as our own moral principles. This effort gives our lives clear meaning and direction. In our pluralistic society with a multiplicity of religious beliefs and rituals, teach us to respect diversity but to remain faithful and committed to our own religious faith, beliefs and practices.
Grant Your blessings on the Speaker the members and employees of this House and their families. Amen.
At the request of the Chair (Mrs. Walrath), the members, guests and employees joined with her in reciting the pledge of allegiance to the flag.

Resolutions.

The following resolutions (filed with the Clerk) were referred, under Rule 85, to the committee on Rules:
Resolutions (filed by Representatives Finegold of Andover, Golden of Boston, Blumer of Framingham and Rushing of Boston) congratulating the Iranian-American community on the occasion on Nowruz;
Resolutions (filed by Mr. Hall of Westford) congratulating Boy Scouts of America, Troop 159, in the town of Westford;
Resolutions (filed by Mr. O’Brien of Kingston) congratulating Walter Tonaszuck on his years of service to Massachusetts municipal public works;
Resolutions (filed by Representatives Spilka of Ashland and Blumer of Framingham) honoring State Commander Thomas M. Davitt for his service to the Massachusetts Amvets; and
Resolutions (filed by Mr. Swan of Springfield) congratulating Mary B. Andrews on the occasion of her retirement as a Springfield police officer;
Mr. Miceli of Wilmington, for the committee on Rules, reported, in each instance, that the resolutions ought to be adopted. Under suspension of the rules, in each instance, on motion of Ms. Story of Amherst, the resolutions (reported by the committee on Bills in the Third Reading to be correctly drawn) were considered forthwith; and they were adopted.

Petitions.

Petitions severally were presented and referred as follows:
By Mr. O’Flaherty of Chelsea, petition (accompanied by bill, House, No. 2019) of Eugene L. O’Flaherty and Kathi-Anne Reinstein (with the approval of the city council) relative to extending the terms of agreements between the school committee of the city of Chelsea and the Management Team of Boston University. To the committee on Education, Arts and Humanities.
By Mr. Casey of Winchester, petition (accompanied by bill, House, No. 3714) of Paul C. Casey, Richard R. Tisei and Carol A. Dovovan (by vote of the town) relative to the appointment of library personnel by the board of library trustees in the town of Stoneham. To the committee on State Administration.
Severally sent to the Senate for concurrence.

Petitions severally were presented and referred as follows:
By Mr. Asselin of Springfield, petition (subject to Joint Rule 12) of Christopher P. Asselin and other members of the House for legislation to repeal the law imposing an assessment on prescription drugs.
By Mr. Atsalis of Barnstable, petition (subject to Joint Rule 12) of Demetrius J. Atsalis that the Board of State Examiners of Electricians be authorized to implement a special licensing program for persons with certain skills and experience.
By the same member, petition (subject to Joint Rule 12) of Demetrius J. Atsalis that the Board of Education be directed to establish separate Massachusetts comprehensive assessment system (MCAS) examinations for special and vocational education students.
By Mr. Bosley of North Adams, petition (subject to Joint Rule 12) of Daniel E. Bosley that the town of Florida be authorized to lease certain land to New England Wind, LLA for the development of a wind farm.
By the same member, petition (subject to Joint Rule 12) of Daniel E. Bosley relative to the date regional school districts are required to adopt operation and maintenance budgets.
By Mr. Broadhurst of Methuen, petition (subject to Joint Rule 12) of Arthur J. Broadhurst and Brian S. Dempsey relative to the enrollment of students in driver training schools and the issuance of driver education certificates.
By Mr. Brown of Wrentham, petition (subject to Joint Rule 12) of Scott P. Brown that the Division of Capital Asset Management and Maintenance be authorized to grant to Philip Joannides an easement in a certain parcel of land located in the town of Wrentham.
By the same member (by request), petition (subject to Joint Rule 12) of Francis J. Faulkner for a legislative amendment to the Constitution relative to the payment of compensation to members of the General Court.
By the same member (by request), petition (subject to Joint Rule 12) of Jacquelyn M. Graham relative to the liability for sexual abuse of minors.
By the same member (by request), petition (subject to Joint Rule 12) of Jacquelyn M. Graham relative to causes of action of parents for loss of consortium with children who are victims of sexual abuse.
By the same member, petition (subject to Joint Rule 12) of Scott P. Brown that the Division of Capital Asset Management and Maintenance be authorized to convey a certain parcel of land located in the town of Plainville to Joseph J. Lorusso.
By Mr. Buoniconti of West Springfield, petition (subject to Joint Rule 12) of Stephen J. Buoniconti and other members of the House that the Division of Capital Asset Management and Maintenance be authorized to transfer certain parcels of land located in the towns of Blandford, Russell and Granville to the water and sewer commission of the city of Springfield.
By Mr. Carron of Southbridge, petition (subject to Joint Rules 12 and 7B) of Mark J. Carron and Stephen M. Brewer for legislation to establish the positions of town treasurer and town collector in the town of Charlton.
By Mr. Connolly of Everett, petition (subject to Joint Rule 12) of Edward G. Connolly and Richard R. Tisei that cities and towns be authorized to use certain funds from the sale of public lands.
By Mr. Costello of Newburyport, petition (subject to Joint Rule 12) of Michael A. Costello and Steven Myles Walsh for legislation to provide for real property tax exemptions for deaf persons.
By the same member, petition (subject to Joint Rule 12) of Michael A. Costello and Steven Myles Walsh for legislation to require that labor representatives on the Group Insurance Commission be designated by labor organizations.
By Mr. DeLeo of Winthrop, petition (subject to Joint Rule 12) of Robert A. DeLeo relative to certain exemptions under the law regulating the assessments of local real estate taxes.
By Mr. Dempsey of Haverhill (by request), petition (subject to Joint Rule 12) of Joan Dill for legislation to remove certain billing requirements in the granting or renewal of licenses for physicians by the Board of Registration in Medicine.
By Mr. Donelan of Orange, petition (subject to Joint Rule 12) of Christopher J. Donelan and Stephen Kulik relative to placing in county jails persons being held in protective custody.
By Mr. Falzone of Saugus (by request), petition (subject to Joint Rule 12) of Dennis R. Robitaille for legislation to regulate interraction between real estate brokers and salesmen and licensed home inspectors.
By Mr. Fennell of Lynn, petition (subject to Joint Rule 12) of Robert F. Fennell and Steven Myles Walsh that students and employees of North Shore Community College in the city of Lynn be authorized to use parking facilities of the Massachusetts Bay Transportation Authority.
By Mr. Festa of Melrose, petition (subject to Joint Rule 12) of Michael E. Festa, Bruce E. Tarr, Mark V. Falzone and others for legislation to designate “tea” as the official hot beverage of the Commonwealth.
By Mr. Finegold of Andover, petition (subject to Joint Rule 12) of Barry R. Finegold and Steven A. Tolman for legislation to include professional musicians in the definitions of “employer” and “employee” under the labor relations law.
By Mr. Flynn of Bridgewater, petition (subject to Joint Rule 12) of David L. Flynn that the Commonwealth be required to provide repositories for the disposal of medically hazardous materials.
By Miss Garry of Dracut (by request), petition (subject to Joint Rule 12) of Stephen O’Riorden relative to the expenditure of funds by cities and towns under the community preservation law.
By the same member, petition (subject to Joint Rule 12) of Colleen M. Garry relative to the sale of alcoholic beverages in certain state-bordered cities and towns.
By Mrs. Gomes of Harwich, petition (subject to Joint Rule 12) of Shirley Gomes and Robert A. O’Leary relative to increasing the tuition payable for school choice students attending classes in other educational jurisdictions.
By the same member, petition (subject to Joint Rule 12) of Shirley Gomes, Thomas N. George and Robert A. O’Leary for legislation to provide for a reallocation of funding contributions by member towns of the Nauset Regional School District.
By Mr. Hargraves of Groton, petition (subject to Joint Rule 12) of Robert S. Hargraves for legislation to regulate the use of mobile phones by operators of motor vehicles.
By Mr. Hillman of Sturbridge, petition (subject to Joint Rule 12) of Reed V. Hillman and other members of the House that public employees activated in the armed forces be authorized to accrue certain benefits.
By the same member, petition (subject to Joint Rule 12) of Reed V. Hillman for legislation to further regulate the operation of motor vehicles approaching emergency public safety vehicles.
By Mr. Hynes of Marshfield, petition (subject to Joint Rule 12) of Frank M. Hynes and Jay R. Kaufman for legislation to exempt the costs of snow removal in cities and towns from tax proposition two and one-half, so-called.
By Mr. Jones of North Reading, petition (subject to Joint Rule 12) of Bradley H. Jones, Jr., and George N. Peterson, Jr., that cities and towns be authorized to increase the density of property zoned for residential usage to provide additional affordable housing units.
By the same member, petition (subject to Joint Rule 12) of Bradley H. Jones, Jr., and George N. Peterson, Jr., relative to the protection of wetlands under certain ordinances or by-laws in cities and towns.
By the same member, petition (subject to Joint Rule 12) of Bradley H. Jones, Jr., and George N. Peterson, Jr., for legislation to further regulate certain restrictions on development or building permits under zoning ordinances in cities and towns.
By Mr. Kafka of Sharon (by request), petition (subject to Joint Rule 12) of Stephen Goulston relative to the zoning of non-profit educational corporations in cities and towns.
By Mr. Lantigua of Lawrence, petition (subject to Joint Rule 12) of William Lantigua that special ambulatory surgical centers licensed by the Commonwealth be qualified for participation in the Medicaid program.
By Mr. Mariano of Quincy, petition (subject to Joint Rule 12) of Ronald Mariano and James M. Murphy for legislation to further regulate the rates of payments for special education students assigned to certain educational institutions.
By Mr. Miceli of Wilmington, petition (subject to Joint Rule 12) of James R. Miceli that surviving spouses of veterans be authorized to receive plates and emblems issued by the Registrar of Motor Vehicles to such veterans.
By Mr. Nyman of Hanover, petition (subject to Joint Rule 12) of Robert J. Nyman and Robert S. Creedon, Jr. (by vote of the town) rela­tive to the eligibility of the town of Hanover for reimbursement from the Commonwealth under the school building assistance program.
By Ms. Peisch of Wellesley (by request), petition (subject to Joint Rule 12) of Sandra Henderson relative to providing for the right to counsel for litigants at trials in divorce proceedings.
By the same member (by request), petition (subject to Joint Rule 12) of Catherine Barber that the Department of Transitional Assistance be directed to establish a motor fuel assistance stamp program.
By Mrs. Pope of Wayland (by request), petition (subject to Joint Rule 12) of Alphonse L. Gallitano relative to increasing from five to ten cents on the refund value of beverage containers sold in the Commonwealth.
By Mr. Rush of Boston (by request), petition (subject to Joint Rule 12) of Elizabeth Dorsey for legislation to grant to said Elizabeth Dorsey, an employee of the Department of Environmental Protection, certain creditable service for retirement purposes.
By Mr. Smizik of Brookline, petition (subject to Joint Rule 12) of Frank I. Smizik relative to frivolous or bad faith claims and defenses in the district courts.
By Ms. Stanley of West Newbury (by request), petition (subject to Joint Rule 12) of David P. Kapturowski that sellers of real property be required to provide purchasers of such property of a copy of the publication “Home Buyer’s and Seller’s Guide to Radon”.
By Mr. Sullivan of Fall River (by request), petition (subject to Joint Rule 12) of John Remedis and another relative to the penalty for operators of motor vehicles for refusal to stop for police officers.
By Mr. Timilty of Milton, petition (subject to Joint Rule 12) of Walter F. Timilty for an investigation by a special commission (including members of the General Court) relative to authorizing the placement of advertisements on websites of the Commonwealth.
By Mr. Travis of Rehoboth, petition (subject to Joint Rule 12) of Philip Travis that certain disabled persons be granted a choice of services in the treatment of maladaptive behavior.
By Mr. Vallee of Franklin, petition (subject to Joint Rule 12) of James E. Vallee and David P. Magnani relative to investigations of complaints against vicious dogs for damages incurred by persons and property.
By the same member (by request), petition (subject to Joint Rule 12) of Laurence Brown relative to returning firearms, licenses to carry firearms and firearms identification cards to defendants upon the vacating or expiration of abuse prevention orders issued by the courts.
By the same member (by request), petition (subject to Joint Rule 12) of Laurence Brown relative to the sealing of records of abuse prevention orders.
By the same member (by request), petition (subject to Joint Rule 12) of Laurence Brown for legislation to further regulate the repairing of motor vehicles.
By Mr. Verga of Gloucester, petition (subject to Joint Rule 12) of Anthony J. Verga and Bruce E. Tarr for legislation to change the harbor lines in Gloucester Harbor.
Severally, under Rule 24, to the committee on Rules.

Engrossed Bill.

The engrossed Bill validating certain votes taken at the annual town meeting held by the town of Dracut (see House bill printed in House, No. 2017) (which originated in the House), having been certified by the Clerk to be rightly and truly prepared for final passage, was passed to be enacted (more than two-thirds of the members having agreed to pass the same); and it was signed by the acting Speaker and sent to the Senate.

Order.

On motion of Mr. Finneran of Boston,—
Ordered, That when the House adjourns today, it adjourn to meet on Thursday next at eleven o’clock A.M.


At ten minutes after eleven o’clock A.M., on motion of Mr. Hynes of Marshfield (Mrs. Walrath of Stow being in the Chair), the House adjourned, to meet on Thursday next at eleven o’clock A.M., in an Informal Session.